Enforcement of Court Orders
When a family law dispute has been settled with a final court order, the parties involved would ideally move forward and honor their court-ordered obligations. Unfortunately, not everyone follows the orders of the trial court. If you have an order in place and the other party is not complying with its terms, fails to take action as required, or completely disregards the terms, you may need help to enforce the court order.
Cost-Effective and Peaceful Solutions
If a former spouse failed to follow through with orders of the court that involved child support or child custody agreements after a divorce, you should speak immediately with a trusted divorce attorney from Collins Family & Elder Law Group. Our lawyers pursue cost-effective and peaceful solutions, and we can advise you on how to enforce a court order in NC or SC.
Being required to rehash a legal matter can be challenging, but it’s imperative to your family’s well-being to take legal action as soon as possible. We have spent nearly two decades of experience providing families in NC and SC with excellent legal representation in the various matters that arise after a divorce.
How to Enforce a Court Order in North and South Carolina
Unfortunately, even after an order has been entered and the parties’ rights and responsibilities have been established, the failure of one party to fulfill their court-ordered obligations can result in more litigation. The specific mechanism for the enforcement of a court order depends on the type of obligation being enforced. A trial court can enforce its orders through a contempt proceeding, in which the court will restore your rights after your ex-spouse failed to satisfy the terms of the court order or move along with proceedings. If they do not comply with the court order, they risk jail time and other penalties for contempt.
You can start pursuing justice by filing a Motion for Contempt or a Motion for Order to Show Cause to request that a judge hold the other party in contempt for violating the court order. If the judge does find the other person in contempt, he or she will decide on a punishment, which can include anything from a verbal reprimand to jail time.
Call Collins Family & Elder Law Group for more information on how we can help you enforce a court order for your unique circumstances.
The Consequences of Violating a Court Order
Another party’s failure to hold up his or her end of a court order can have a serious impact on your daily life and cause financial and emotional hardship for your family. If the other party does not obey the terms of a court order, we can help you hold them accountable by seeking a remedy from the trial court.
In order to subject a party to punishment for violating a court order, a judge must first determine that he or she is in contempt of court. Contempt is legally defined as the purposeful violation of a court order by a party that understood the conditions of the order and still violated them despite his or her ability to comply without a judicious reason for doing so.
If a party is found to be in contempt of a court order related to child support, alimony, custody, visitation, or other family law issues, there are several things a trial court may be able to do, depending on the infraction. The court can order:
- Modification to a child custody agreement
- Compensatory visitation
- Wage withholding
- Property transfer
- The payment of your attorney fees by the other party
- Jail time
Failure to Pay Court-Ordered Attorney Fees
If a judge has required a delinquent spouse to pay your attorney fees and your attorney hasn’t been paid yet, you could face consequences, because you remain contracted to pay your attorney for services rendered; however, after paying your attorney fees, you can pursue reimbursement from your ex-spouse.
If your spouse still refuses to pay you, you can file a motion to enforce the court’s order and request a contempt hearing. In such circumstances, a judge could enforce the order through wage garnishment or some other method of debt collection.
Enforcement of Orders From Another State
In our highly mobile society, it’s likely that you or the other party will move at some point. What then happens to a North Carolina/South Carolina custody or support order if a party or the child moves to another state? Custody or support orders entered in one state may be enforceable in another state pursuant to the Uniform Child Custody Jurisdiction Act or the Uniform Interstate Family Support Act.
The Uniform Child Custody Jurisdiction Act/Uniform Interstate Family Support Act
The Uniform Child Custody Jurisdiction Act and the Uniform Interstate Family Support Act have been adopted in every state. These laws ensure that one state’s orders will be honored in another state and provide a mechanism for one state to enforce the orders of another state.
If the other party violates a court order by refusing to allow parenting time, failing to make support payments, or ignoring the court’s directives regarding assets and debts, a skilled NC/SC divorce lawyer from Collins Family & Elder Law Group can protect your rights. We want to help you through this time of change, so contact us as soon as you can!
Take Legal Action Against a Delinquent Spouse in North or South Carolina
If you need help enforcing a court order, taking legal action against the other party because of delinquent support payments, violations of a custody order, or other noncompliance issues with the court’s directives, our legal team is here for you. With the right legal representation from the outset, we can minimize the risk of additional legal action and provide effective counsel that can reduce your emotional burden. Let us help you recover your rightful child support or custody entitlements.
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- We are zealous advocates if litigating the case in the courtroom is required.
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